Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:30 p.m. April 13, 17 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, April 13, 2017 to order at 7:30 p.m. 2. PRAYER: Silent prayer. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – present. Also present were Mayor Kline, Dir. of Pub. Service Esler, Dir. of Law Raber, Dir. of Finance Gilbride, Economic Developer Weinberg and Clerk of Council Burton. 4. MINUTES: 3-9-17 Regular Council meeting minutes. 3-13-17 Special Meeting minutes. Mrs. Ray moved to approve the 3-9-17 Regular Council Meeting minutes. Seconded Mr. Sisak. Voice vote 7-0. The 3-9-17 Regular Council meeting minutes were approved by a vote of 7-0. Mrs. Ray moved for the adoption of the 3-13-17 Special Meeting minutes. Seconded Mr. Sisak. Voice vote 7-0. The Special Meeting minutes from the 3-13-17 meeting were adopted by a vote of 7-0. FINANCIAL REPORTS: • Fire Transfer in the amount of $150,000 to Council on 3-31-17. • Bond Retirement Transfer in the amount of $100,000 to Council on 3-31-17. • General Infrastructure Transfer in the amount of $60,000 to Council on 3-31-17. • SMR Transfer in the amount of $150,000 to Council on 3-31-17. • Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 3-31-17 to Council on 4-3-17. • Tallmadge Recreation Center Profit and Loss Report for the period ending 3-31-17 to Council on 4-7-17. • Income Tax Comparisons for the period ending 3-31-17 to Council on 4-7-17. • Revenue Comparisons for the period ending 3-31-17 to Council on 4-7-17. • March Financial Reports to Council on 4-7-17. • Consolidated Investment Portfolio for the period ending 3-31-17 to Council on 4-7- 17. 5. PUBLIC HEARINGS: Ordinance 32-2017 3rd Reading. PLANNING & ZONING Extending a moratorium on granting zoning P.H. ON 4-13-17 @ 7:30 P.M. certificates for any building structure, use or change of use that would enable the cultiva- tion, processing, or retail sale of medical marijuana and providing for immediate enactment. Pres. of Council: It is now 7:35 p.m. and I call the public hearing for Ord. 32-2017 open. Is there anyone who would like to speak in favor of Ord. 32-2017? Please come to the microphone and state your name and address for the record. These meetings are recorded. No one came to the microphone. Is there anyone who would like to speak against Ord. 32- 2017? No one came to the microphone. Second time; is there anyone who would like to speak in favor of Ord. 32-2017? No one came to the podium. Is there anyone who would like to speak against Ord. 32-2017? No one came to the podium. Third and final time; is there anyone who would like to speak in favor of or against Ord. 32- 2017? Dir. of Law: Excuse me sir, we are recording and I don’t think that we have switched on that microphone at the bottom. Phil Goodin, 7904 Forestview Drive, Tallmadge. The one question I have on this is if the State ever decides to change the rules now; will the Council revisit this? Like if it ever becomes legal for the medical marijuana in the State? Would that change this? Dir. of Law: I would be happy to answer that question. So this legislation is actually . . . what this is doing is the State legislature already passed medical marijuana, but they are still in the process of coming up with the regulations that go with that. So, we had previously adopted a moratorium and this moratorium is just for zoning purposes. So this is anyone who would want to be a cultivator or retail distributor from selling in the City and establishing a retail business that was related to that. So this is just putting in place a period of time that they are not able to do that. This ordinance would allow us to act sooner if Council decided to do that, but right now the schedule and timeframe for the State Board that has been tasked with coming up with the regulations is to have all the rules that pertain to cultivators done by May, but all the rest of the rules that pertain to everybody else is not going to be promulgated until September or at least that is the deadline; maybe they will be early. So this just gives us an opportunity to then once that those rules come out and regulations come out then we can take that into consideration in determining which direction the City wants to go.  REGULAR MEETING in Council Chambers @ 7:30 p.m. April 13, 17 Mr. Goodin: Yeah, I would be for this. I just wanted to be sure that if they change the rules you know and we would become a Colorado or something along those lines that you know the City Council would still be able to go ahead and just you know, keep things in place or you know change things. Dir. of Law: Right. So as the State Code is written right now, we have the ability as a municipality to decide what we want to do as far as the zoning of it. So, could that change in some point in the future; could the State Legislature decide to change that; yes, anything is possible, but right now it is written that it would be local control as to whether or not we wanted to permit any of these. Thank you for your question. Pres. of Council: Just a quick clarification. This is for how long again? Dir. of Law: The moratorium being proposed tonight is for a year. The reason being that again those regulations will not be out until September and that would allow us enough time to take a look at what those regulations are and then given the timelines for passing any zoning changes or trying to draft any appropriate legislation, I thought it might be a prudent to give ourselves a little bit of extra time to actually absorb that and have our public hearings and go through our legislative process prior to the end of that twelve-month period. So, that is I guess the rationale and the basis for making it that period of time. As before, as with the original ordinance, again in what I had indicated just a moment ago is that if you decided to proceed; you wanted to proceed earlier or if the regulations come out earlier; that is still within Council’s prevue to decide what you would prefer to do. Mrs. Ray: So, can you give us maybe a little synopsis of what other communities throughout Summit County are doing? Dir. of Law: Most of the municipalities in Ohio so far have enacted moratoriums. Many of them started out with a six-month moratorium and I am hearing that many of them are extending their moratoriums because again the regulations haven’t been promulgated yet and then there is a split between those who are kind of expressing some interest in at least knowing more about it and seeing what the end regulations are going to be and then there are some that have taken steps to completely prohibit them at this point. Actually there was a list served that I am on that was just circulating that there is really only a handful of cities that I am aware of at this point and by that I mean less than ten that have taken the step to actually do the prohibition. At this point the more common approach is to have a moratorium in place. Mrs. Ray: Thank you. Pres. of Council: I will just ask one more time; is there anybody else who would like to speak in favor or against this ordinance? No one responded. Seeing none; it is now 7:42 p.m. and I will call the public hearing for Ord. 32-2017 closed and I will recognize the Planning and Zoning Chair, Mr. Sisak. Mr. Sisak: Thank you. I would like to call Planning & Zoning Committee to order; myself, Mrs. Ray and Mrs. Kilway are present. We had our public hearing and we had a few comments. Do you have any questions? Mrs. Kilway: Let’s move to adopt. Mrs. Ray: I would say likewise. Mr. Sisak: I would agree. So we will recommend adoption 3-0 this evening on Ord. 32-2017. I will go ahead . . . are there any comments from the Council or Administration? No one responded. Seeing none; I will go ahead and close committee. Thank you. Mr. Chair, I move to adopt Ord. 32-2017. Seconded Mrs. Kilway. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 32-2017 is adopted by a vote of 7-0. 6. COMMUNITY INPUT: Pres. of Council: City Council meets on the second and fourth Thursday’s of the month with the Council Committee meeting starting at 7:00 p.m. followed by the Regular Council meeting. At the Committee meetings, legislation is discussed thoroughly with Council deciding to adopt, amend, reject, hold or table the legislation. We do allow time for community input at this point in the meeting if anybody would like to address Council, please come forward and state your name and address for the record. No one responded. 6.A. ANNOUNCEMENTS: There will be an Investment Board meeting immediately following the Regular Council meeting and that meeting will be followed by a Board of Control meeting. 7. REPORTS OF SPECIAL COMMITTEES: None. 8. AGENDA ADDITIONS: Ord. 49-2017 will become Item 24.A. on tonight’s agenda. 9. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIRECTOR OF FINANCE, DIRECTOR OF LAW, DIRECTOR OF ADMINISTRATION AND ECONOMIC DEVELOPMENT DIRECTOR Mayor: Thank you Mr. Chairman. I will give you a brief update on what we have been doing since Council took their break. We have been working with the engineering firm on the I-76 Project with Portage County Engineer’s Office. They did submit to ODOT for a plan that everyone prefers and then a secondary plan and so that is moving along through ODOT. We have also been working with the next GPD Engineering firm working on the expressway. GPD is also working with DeHoff on the Maplecrest Golf Course Development and the road improvement out in front. 2  REGULAR MEETING in Council Chambers @ 7:30 p.m. April 13, 17 Mayor (Cont’d.) I have an ordinance tonight in front of Council; Ord. 45-2017, which I am asking Council for their consideration not necessarily tonight, but it is for a traffic study from the Tallmadge Circle to the Maplecrest Golf Course for looking at the ingress/egress, doing traffic studies. They do want to do a traffic count before the end of the school season. So timing is going to be very critical on that. It is a re-appropriation of $50,000 for that traffic study and also to prepare plans for the change of what the outcome may be from those traffic studies and applying for ODOT and AMATS for funding on that roadway because we all know that that corridor there with the Ripley Farm and Maplecrest Golf Course and the new Middle School site, and the High School site; East Avenue is a very busy place and I’m sure Mr. Rensel could attest to because he lives on East Avenue and everyone who drives that and so that is Ord. 45-2016. We are also working on Southwest Avenue with the houses that we acquired; 12, 16 and 22 and also 35 which is the cemetery house. We have been working with the Historical Society who are now in a position saying do we want to take that over as the CIC? It is a City- owned house and to lease that out so we can get some tenants in that. We did a walk-through the red house thinking that it was not really in that good of shape, but we were pleasantly surprised. I took a contractor through and there are a couple of things that have to be corrected on that and so we are working on that. I think you all know that Bryan has turned in his notice of retirement. I am happy for him; sad for the City, but he will be retiring at the end of this month and so I am busy working on that and also Pat Sauner also turned his notice and he is going to retire too. All of these folks who have been around a long time. I feel like my world is falling apart, but it is really not. I am happy for all of them, but I do have an ordinance in Personnel that we can talk about once we get to that. Pat Sauner’s position is part-time and I am requesting Council to allow me to take that to full-time and I am going to modify some of those duties there. The Stow Dispatch; we continue to work on that all the time and things are a moving target and so we are not really ready to come back to Council yet with it, but we are continuing to work on that. Rita and I are working on the zoning map change for the overlay for the alcohol zone; fine dining thank you; that sounds better, but to modify that zone to add a couple more strategic locations such as the Skipper property off there on East Avenue and do we do anything with North Avenue? I am working on that map and that will have to come before Council. The Akron Sewer Contract was executed by our City and also the City of Akron. We did receive that back and so Moly has that. Waltco Trucking and the Tallmadge Bowling Alley; they were asking for us to either 1) sell it to them or 2) allow them to lease it for parking and I am more inclined that it will be a lease for parking, but that will require some legislation to the CIC or them putting a parking space in which is good for us because Waltco . . . we originally purchased that Tallmadge Bowling Alley with the hopes that Waltco would expand and then they talked about moving out of town and so . . . but now they are talking about expanding their parking. That is a good thing. There is also legislation and I am going to request Council for 1st Reading adoption to replace the community bulletin board and we will talk about that when it comes up there. Working with the Tallmadge Schools; I have been attending their meetings for site development and that meeting is like every other Thursday at 3:30 p.m. and I think the site of the Middle School; Elm Drive coming off and how it is going and I will share some of those sites after next Thursday when you get a better feel of what they are looking at. Code Red is going well. We had a good signing at the Tallmadge Expo. We have a lot of members on that. The Easter Egg Hunt is this Saturday at 10:30 a.m. and it will be over with at 10:31 a.m. Make sure you get their early to find parking because there won’t be any parking and I would hate to see little kids running in the building at 10:31 a.m. because it is all over. I would request ordinances tonight; 42, 44, 46, and 47-2017. End of report. Mr. Sisak: You had mentioned 45-2017 earlier. Pres. of Council: Alright. Any questions? Mr. Sisak: The East Avenue Traffic Study; is that for our part of . . . Mayor: Yes, we have used the engineering firm GPD a lot and we passed legislation at the beginning of the year to authorize us to . . . Mr. Sisak: But, that is for our part . . . Mayor: That’s for our portion. Mr. Sisak: Our portion towards the study . . . Mayor: Knowing that they are working with Maplecrest and all of that . . . Mr. Sisak: Sure, but I didn’t know if they were going to study like the City of Tallmadge East Avenue as well. Mayor: That is what the ordinance is about. We are going to study our own . . . Mr. Sisak: Like North Avenue, or Munroe over or the Circle . . . Mayor: Actually from the Circle all the way out to the Brimfield/Portage County line. Mr. Sisak: Great. That needs to be done. Pres. of Council: Absolutely. Anything else? No one responded. 3  REGULAR MEETING in Council Chambers @ 7:30 p.m. April 13, 17 Dir. of Pub. Service: Thank you. We had a bid opening for the installation of the LED light fixtures at the Rec Center last week; ANR Electric was the low bid at $41,310. The lights will be purchased from Next Step Energy Solutions for $99,408 and the total of the project will be $140,718. We have applied for the lighting incentive program through First Energy and it is estimated that we will get $19,000 back from that. I should hear from them any day now and as soon as they get approval from them we will order the fixtures. We are working on the paving bid. We should get that out in the next couple weeks. Maca Park; they will start cleaning out there in a couple weeks or the first part of May. We are still waiting on one of the pumps to come in. It should be installed next week. North Avenue; they continue to work on that. They have finished the stamped concrete and they have some landscaping work to do and some work in all the drainage structures; pouring inverts in all of those and striping with epoxy and a long list of punch list items that we have given them. They should be finished with this project by the end of May. End of report. Dir. of Finance: Good evening. During break we were able to award our bonds. We received a great rate of 1.85% on those bonds and so I was very pleased with that to the Branch Banking and Trust Company and so we . . . I am working on this week getting those wrapped up and getting all of the paperwork and that will conclude on April 26th. We will sell those and pay off the note. We did; myself, the Mayor, the Law Director and Mrs. Kilway met this week with our State Representative DeVitis and were speaking to him about our issues with the State Budget. He did provide me some information that was incorrect and so I am going to help correct him and inform him on why the City’s stance would be that it would not be a good thing for the State to collect our Net Profit Tax. The State was really providing some misinformation. They were providing wrong costs of collection numbers as part of their analysis and that and so I am going to be working this week on providing some more detailed information to him and if anybody has any questions on that or would like to add any input, I would be glad to hear that. Otherwise, end of report. Mrs. Ray: So, Mrs. Gilbride, the 1.85% was it for a term of 30 years? Dir. of Finance: No, this was just; we did a five-year note to pay off . . . actually, I take that back; it is actually four years. So it is a 4-year at 1.85%. Mrs. Ray: Fully amortizing? Dir. of Finance: Yes. Mrs. Ray: Is the rate fixed? Dir. of Finance: It’s fixed. It is a flat 1.85%. Mr. Stalnaker: How do we, or do we keep track of the trucking companies time that is spent in the City to allocate the payroll to the City? Dir. of Finance: Actually what mainly happens is like for instance, I will give you an example, we have Dayton Freight in our City and what the trucking companies tend to do unless they have truck drivers . . . so over the road truckers actually their income is not taxable anywhere they are working. It ends up being taxable where they live because it is impossible to keep track. There are rules about how many days you have to work in a municipality before it becomes taxable to that municipality, but that is all kept track of by the employer. There are some employers, for instance, one of our Dayton Freight; they will actually tax their employees all within the City of Tallmadge and then those employees become responsible for requesting refunds from cities that they don’t work in and so we will get refund requests and then they have to provide us documentation from their employer as to how many vacation days they took and how many days would have been sited to the City of Tallmadge versus how many days they were driving over the road and at that time we then issue those truckers refunds for those. Mr. Stalnaker: OK. Because I just came across it the other day about a real estate salesperson who sold properties in nine different cities and filed nine different tax returns for the City. Dir. of Finance: Correct. Dir. of Law: We are preparing to do another Drug Take-Back Day coming up at the end of April. We are going to expand our locations, which is a great thing and so we are going to be doing it here at the Tallmadge Police Department as well as the Acme and Giant Eagle to make it easier for people and so we are sending out press releases and hopefully we will get some good coverage and hopefully get a lot of those unused prescription medications back so that they are not getting into our water supply system or being improperly disposed of. The other matter I wanted to talk to Council about just briefly today is just what your preference is with regard to the agendas. It is a team effort between my department and the Clerk of Council for how we process which ordinances are linked to and so Council actually does the linking. Previously what we had been doing was linking like under the ordinance number there like I will use No. 10 for example, when you would click on it for this meeting; it would go directly to the amended version. We are asking whether you would like to continue to do it that way or 4  REGULAR MEETING in Council Chambers @ 7:30 p.m. April 13, 17 Dir. of Law (Cont’d.) whether your preference is to have it separate. So you just have to realize that if we do it how it is done tonight that you would have to click on that amended version to see that. So, I just . . . it doesn’t matter to me one way or the other; we just want to be consistent so that it is not different from one meeting to the next. So, I don’t know if any of you have a preference on how that is done or if it really doesn’t matter to you one way or the other. Pres. of Council: Thoughts? Mayor: So, if you click on just the first one; that is not the amended version. If you go over here and click on the amended then you can see . . . Mrs. Ray: I think it is probably a little more, because it is different; a little bit more noticeable if you put it over on the far right there under 3rd Reading, but I really don’t care one way or the other. Dir. of Law: Just as long as you . . . just as long when you are going through then you realize that we can continue to do it as it is today and just realize which one . . . if you want to see the amended version; you will have to make sure you are clicking on that and not on the other link. So, we can continue to do it that way. That sounds like it is reasonable and we will do that. Pres. of Council: Wouldn’t it just be easier to have the amended the final version? Mayor: A lot of people like to see the difference. Mrs. Ray: This way you can compare them side by side. Dir. of Law: OK. Sounds good. Thank you very much for your input. End of report. Mrs. Kilway: Thank you. Economic Developer: I have no report this evening. Mr. Sisak: I have a question for the Director of Economic Development; what is going on with the old Dairy Queen? Economic Developer: I called Mr. McBenttes last week to ask him if he is making progress and he is very elusive. He doesn’t want to share a lot of information other than to say that it is still going forward and it will be there sooner than we think. So, he will not share any information, but the building is not complete and he can’t give me any timeframe and deadlines or anything. Mr. Sisak: Thank you. Mr. Rensel: Yes, along the same lines; are we getting any updates as to the completion on the old Big Boy’s? Economic Developer: Well, what I do know is that he has indicated that as soon as the plants open up he will get his asphalt put down. It should be happening in the next couple weeks according to him. Then I don’t know what the timeframe for getting the buildouts are. I know that the nail salon is in there working and so they should be open fairly soon. Other than that, I don’t have any specific dates. Mr. Rensel: OK. Thank you. 10. Ordinance 33-2017 At 3rd Reading. FINANCE Declaring that certain City-owned vehicles obtained through criminal forfeiture to be excess and authorizing the Director of Public Service to dispose of such vehicles in accordance with law and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 33-2017. Seconded Mr. Sisak. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 33-2017 is adopted by a vote of 7-0. 11. Ordinance 35-2017 At 2nd Reading. FINANCE Amending and supplementing Ord. 67-2016 to amend rates, charges, and fees for all recreational facilities and providing for immediate enactment. Mrs. Ray moved for the amendment to Ord. 35-2017. Seconded Mr. Sisak. Roll Call: Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 35- 2017 is amended by a vote of 7-0. 12. Ordinance 36-2017 At 2nd Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate to owner, First Congre- gational Church, UCC, applicant, John Schluep for a memorial garden with columbarium at 85 Heritage Drive. Pres. of Council: Ord. 36-2017 is at 2nd Reading and will remain before the Planning & Zoning Committee. 5  REGULAR MEETING in Council Chambers @ 7:30 p.m. April 13, 17 13. Ordinance 37-2017 At 2nd Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate to applicant/owner Community Connections Northeast Ohio for an adult services agency that serves individuals with developmental disabilities at 1647 Brittain Road. Mr. Sisak moved for the amendment to Ord. 37-2017. Seconded Mrs. Kilway. Roll Call: Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 37-2017 is amended by a vote of 7-0. Pres. of Council: Ord. 37-2017 is amended by a vote of 7-0 and will remain before the Planning & Zoning Committee. 14. Ordinance 38-2017 At 2nd Reading. PLANNING & ZONING Accepting the dedication of a portion of a street known as Robey Road within the City limits for public purposes; setting perfor- mance and maintenance guarantees therefore and providing for immediate enactment. Mr. Sisak moved for the adoption of Ord. 38-2017. Seconded Mrs. Kilway. Mr. Rensel: Can we do this at 2nd Reading or do we have to wait for 3rd? Mayor: Mr. Chairman. If you recall Robey Road went through Planning & Zoning and it went through Council to authorize the acceptance of the road right-of-way. This is strictly setting the bonds and the fees so they can go ahead and start construction and accepting the dedication that was approved by all of the bodies. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 38-2017 is adopted by a vote of 7-0. 15. Ordinance 39-2017 At 1st Reading. PERSONNEL Authorizing and directing the Tallmadge Civil Service Commission to adopt rules and regulations that differ from those provided by general law for the promotion and hiring of Police Captain and Deputy Fire Chief. Pres. of Council: Ord. 39-2017 is at 1st Reading and is assigned to the Personnel Committee. We are going to set a public hearing for that on May 11th at 7:33 p.m. 16. Ordinance 40-2017 At 1st Reading. FINANCE Declaring certain City-owned vehicles to be excess and authorizing the Director of Public Service to sell such equipment at public sale or trade-in and providing for immediate enactment. Pres. of Council: Ord. 40-2017 is at 1st Reading and is assigned to the Finance Committee. 17. Ordinance 41-2017 At 1st Reading. FINANCE Declaring that certain City-owned vehicles obtained through criminal forfeiture to be excess and authorizing the Director of Public Service to dispose of such vehicles in accordance with law and providing for immediate enactment. Pres. of Council: Ord. 41-2017 is at 1st Reading and is assigned to the Finance Committee. 18. Ordinance 42-2017 At 1st Reading. PUBLIC SERVICE Authorizing the Mayor to enter into a lease with Tallmadge Lutheran Church for approximately 1.555 acres of vacant land off East Avenue and providing for imme- diate enactment. Mr. Stalnaker moved for the adoption of Ord. 42-2017. Seconded Mrs. Kilway. 6  REGULAR MEETING in Council Chambers @ 7:30 p.m. April 13, 17 Mayor: Mr. Chairman. This is the Community Gardens that we have always done in the past and we just noticed that the contract of the current lease expires at the end of May or it is coming up and so we just need to extend that and this is more of a formality, but I still think we want to continue the Community Gardens. Mr. Rensel: I asked if the church was OK with that? Mayor: Yes. Mrs. Ray: I just wondered when you will be able to sign up for the spots? Is that already ongoing? Mayor: We haven’t started the sign-ups yet. Pat Sauner has always been in charge of that. We are going to move it down to the Service Department. That was Linda Poinar’s favorite thing, so it will be perfect down there. Mrs. Kilway: I’m sorry. I have one question; as I am reviewing the ordinance; I am probably blind and can’t see it, but how much are we leasing it for? Mayor: $1. Mrs. Kilway: I just couldn’t find it when I was reading it earlier this afternoon. Mrs. Ray: It’s probably not in the ordinance; it is probably in the lease document. Wouldn’t it be? Dir. of Law: Yeah, it is in the lease document which I don’t have with me and I apologize for that, but it is like $1 or something like that. It is nominal. I can guarantee that; I can’t guarantee it is $1 or $5. Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – unanimous. Ord. 42-2017 is adopted by a vote of 7-0. 19. Ordinance 43-2017 At 1st Reading. PUBLIC SERVICE An ordinance to approve, adopt and enact the 2017 replacement pages to the Codified Ordinances; to repeal ordinances in conflict therewith; to publish the enactment of new matter; and providing for immediate enact- ment. Pres. of Council: Ord. 43-2017 is at 1st Reading and is assigned to the Public Service Committee. 20. Ordinance 44-2017 At 1st Reading. PERSONNEL Establishing the number of employees by department and position pursuant to R.C. 731.08 and providing for immediate enactment. Mrs. Kilway moved for the adoption of Ord. 44-2017 at 1st Reading. Seconded Ms. Tricaso. Mayor: Mr. Chairman. That is the grid that has all of our employees and all of the status of the employees; the bands that they are in and the Civil Service status. Community Development Manager/Communications Manager. That is Pat Sauner’s job and it is part-time and I am asking to go to full-time. It is still a Band 4 and it is going from non-exempt to exempt meaning no overtime and it is Civil Service and it is unclassified. We are expanding the job responsibilities as a Communications person to help with our newsletters and that and that is also being done by Jena Beckett in the Zoning office, but this will help to coordinate and pull all of this together and she has done a great job at it and I think we can do better at communications throughout the whole City. That is what this is all about. Mr. Rensel: Just wanted to confirm sir; everything is within the planned budget that we approved back in December; right? Mayor: No. Well, we may be able to make the budget, but I did not know that Pat Sauner was going to retire until about a month ago and so we did not plan for his retirement. Mr. Rensel: And Mr. Esler? Mayor: And that also was not known. So you will see re-appropriations for salaries in those two line items in the future. Mr. Rensel: Thanks for clarifying. Mayor: Thanks for asking. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 44-2017 is adopted by a vote of 7-0. 21. Ordinance 45-2017 At 1st Reading. FINANCE Authorizing the appropriation of funds from unappropriated fund balances for traffic engineering services on East Avenue corridor and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 45-2017. Seconded Mr. Sisak. Mr. Rensel: That amount is $60,000? Mayor: $50,000. Mr. Rensel: $50,000 and this is basically coming out as a no-bid? 7  REGULAR MEETING in Council Chambers @ 7:30 p.m. April 13, 17 Mayor: Well, it is under . . . the reason I am using GPD on this is because of the Maplecrest connection and the I-76 connection and that whole corridor and they have done traffic work for us before. Mr. Rensel: Oh sure. Mayor: They are very qualified to do that and they are going to apply for grants for us under this $50,000 bid packet. They are going to make recommendations that I will bring back to Council for . . I do not believe there will ever be a 4-lane highway, but . . . Mr. Rensel: Did they come to you and say that they will charge you $50,000 or did you just say what can you give us? Mayor: No, I put a Scope of Work together to have them bid on the Scope and there is a bid packet that they submitted and different items within that from the traffic study to the bid documentation and the design phase. This does not include actual physical design of the project; it is strictly giving us a plan of what it should be because we don’t know what it should be until they do the studies. Mr. Rensel: So you are satisfied with what they provided? Mayor: Yes. Mr. Rensel: OK. Thank you very much. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 45-2017 is adopted by a vote of 7-0. 22. Ordinance 46-2017 At 1st Reading. FINANCE Authorizing the appropriation of funds from unappropriated fund balances for a new community bulletin board and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 46-2017. Seconded Mr. Sisak. Mrs. Ray: I can’t tell you the number of people who have asked me what happened to the sign. When you say that it got blown over people are just so disappointed so I think that we should say the ninjas came to Tallmadge. We have to come up with a good story because people are so disappointed when you say the wind blew it down. Mayor: I did take this to the Heritage Commission to get . . . and I do have to go back to them because I didn’t get approved the first time! But I did get the approval for a digital sign that I can change the letter fonts from a City Hall computer; a line of sight maximum distance is 1,500 feet with antennas. We do have that. It is 780 feet from the corner of the building to the sign. But, we are going to . . . it is pretty expensive electronics. It is not like a typical digital sign that you would see like at the Rec Center or the High School when you see the single color. The High School’s is multi colored, but the Rec Center is a single light bulb. To get a white letter and to get the historic fonts, you have to go to a full color digital board; almost like a TV screen. It is a 10 pixel versus a 16 pixel and it is more dense and closer and it is very technical on that board. It does come with a 5-year warranty on the board. The price; they will build the housing around it and insert it and install it themselves. I do not believe that it will be the cost that is in the ordinance. I think it will be $15,000 to $20,000 less than the ordinance, but I am still asking for that amount. Mr. Rensel: It sounds great and we had talked about this before the recess, but what is to keep vandals from going up . . . now that we have a beautiful sign and it is flashing and it is like light attracting mosquitos you know. What is going to happen? Do we have a way of protecting it? Mayor: It is just like our old board. We always worried about them going down and mixing up the letters and making their own words. It is a digital board that is out there just like at the Rec Center and somebody could damage it and throw stuff at it. Mr. Rensel: Hopefully it doesn’t happen. Mrs. Ray: Is it hack proof? That would be interesting. Mayor: You can’t put a screen in front of it because then you won’t be able to see the letters. Mr. Sisak: No, she said hack. Like someone hacking into it like in the network and put up whatever they wanted. My question is; do we have enough power? We have plenty because we have the lights. We probably wouldn’t need the ground light then? Mayor: I am still considering that because you are not supposed to do an internal light; it is really not internal; it is LED, but the light from the ground will still shadow the exterior. That still has to be determined by the Heritage Commission. Mr. Rensel: To continue my question about the vandalism; is there a way that we can put a camera on that so that if there is vandalism, we can pick that up. Mayor: I’m sure there is. Mr. Rensel: Could you check it out? Mayor: Because we do have power there. Mr. Sisak: Probably like the top of a laptop screen; you just have the little camera facing outward so if someone comes up to it you will see. Mrs. Ray: You have First Merit in the background and so they have cameras. Mr. Rensel: No, we have the opportunity at the Circle with all of the light poles going around to actually put a camera out there that would take care of that. Mayor: That’s a good idea. 8  REGULAR MEETING in Council Chambers @ 7:30 p.m. April 13, 17 Mrs. Kilway: I guess my only concern, and I’m sure you have thought about this, is rocks flying off of tires and hitting the screen. Is it bulletproof? Mayor: It has a five-year warranty. Mrs. Kilway: Is that covered by the five-year warranty? Mayor: Probably not. It is pretty far off the road. Mr. Rensel: Temperature; is there a specification on how low . . . Mayor: It can withstand Ohio weather. Mr. Rensel: There should be a spec for like -25 or -40. Mayor: There are digital signs all over. Mr. Rensel: Right. OK. Thank you. Pres. of Council: Well, it has been down so I guess it’s not the end of the world. What is really nice is that you will be able to change it if something comes up. Mr. Sisak: You can put Code Red on it. Mayor: We will use it as an emergency board. Pres. of Council: I think it is a good way to get information out there when you think of how many cars are traveling through there. Is there anything else? No one responded. We have a motion and a second. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 46-2017 is adopted by a vote of 7-0. 23. Ordinance 47-2017 At 1st Reading. FINANCE Authorizing the appropriation and advance of money for purposes of the abandon gas station clean up grant and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 47-2017. Seconded Mr. Sisak. Dir. of Finance: Actually, this grant . . . we received this grant money last year. We had advanced some funds last year into the fund. It is a reimbursement grant. When I was looking at our Fund Balances at the end of March and I did realize that for some . . . I don’t know how we missed advancing funds to pay for the 2017 fund into the fund and so what has to happen is that the General Fund has to allow that fund to borrow money until it gets reimbursed for the expenses that we incur at the City. Once we receive the grant funds they will go into that fund and then we will pay the General Fund back. So we are really not spending any of our own money, but I have to allow that fund to borrow money from the General Fund for a period of time with your authorization. Roll Call: Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord 47-2017 is adopted by a vote of 7-0. 24. Ordinance 48-2017 At 1st Reading. FINANCE Appropriating additional amounts for the North Avenue Reconstruction Project and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 48-2017 at 1st Reading. Seconded Ms. Tricaso. Mrs. Ray: What; you didn’t want this one? Mayor: We don’t need it. Mrs. Ray: Well, I mean all you’re doing is appropriating; right? Pres. of Council: It’s already there. Mrs. Ray: I mean, if you are OK with it? Dir. of Finance: Yes, it’s fine. We received an additional change order from Liberta and we had thought we had gotten them all and again, we have the funds available; we just did not have any appropriation in the 2017 Budget for that and so that is all we are doing. Mrs. Ray: I mean the project is almost completed, so you might as well go ahead and pay out the vendors. Mayor: Mr. Chairman, just real quick on that. It is re-appropriating more money but by the time the job is reconciled and we do all of the items that were not performed; the contract will still be within contract, but you have to re-appropriate the money and 20% of it is the City of Tallmadge and 80% of it is ODOT. ODOT agreed to both of those next two changes. Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – unanimous. Ord. 48-2017 is adopted by a vote of 7-0. 9  REGULAR MEETING in Council Chambers @ 7:30 p.m. April 13, 17 24.A. Ordinance 49-2017 At 1st Reading. FINANCE Authorizing the Mayor to exceed a con- tract with DLZ Ohio, Inc. in excess of ten percent (10%) for construction manage- ment services for the North Avenue Project (PID93444); appropriating additional amounts and providing for immediate enactment. Pres. of Council: Ord. 49-2017 is at 1st Reading and is assigned to the Finance Committee. 25. ADDITIONAL ITEMS: None. 26. ADJOURNMENT: Mr. Rensel moved to adjourn. Seconded Mrs. Kilway. Voice vote 7-0. The Regular Council meeting adjourned at 8:28 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James A. Donovan Clerk of Council President of Council 10